The ISAF appointed International Jury for the America's Cup ruled early Wednesday morning on the redress brought by the challenger BMW Oracle
by Daphne Morgan Barnicoat
Five requests for redress were brought before the International Jury by BMW Oracle in their ongoing litigation ahead of the 33rd America's Cup which is scheduled to start on 8 February. The five-member Jury issued a decision in the early hours of Wednesday morning stating that the America's Cup organising authority (OA), Société Nautique de Genève (SNG), is correct in setting a start time for the race at 10:06. There is no Deed of Gift requirement for the start time to be agreed with the challenger as the OA has the responsibility to set the start time.
The Jury also ruled that the Deed of Gift shall prevail over any other conflicting rule and the SNG will amend the Notice of Race (NOR) and Sailing Instructions (SI) to further reinforce this. In another decision, the Jury confirmed that SNG's race committee will be responsible for determining whether to start or continue a race and in doing so has the obligation to comply with applicable safety and legal obligations. This will be reflected in the Notice of Race (NOR).
While the challenger's request for redress regarding their intention to dump substances in the sea while racing was denied, the Jury reinforced the fact that all applicable laws must apply to any discharge while racing. The competing parties mutually agreed to modify the rules regarding detection equipment at the challenger's request.
“We welcome the Jury's involvement and decisions for the sport. We are confident racing will go ahead as scheduled on Monday – weather permitting – and we are looking forward to finally getting this competition on the water,” said Alinghi team skipper and tactician Brad Butterworth.